Obtaining an FAC with past convictions?

[leigh1974]

Hello,

My intention is to apply for an FAC in the near future but am not sure what the chances will be due to long ago criminal convictions so thought i would ask for some advice from you guys to get a bit of an idea what the chances may be? Around 18 years ago i had been a member of a shooting club using rimfire and larger calibre on an outside range which lasted around a year and have done plenty of target shooting with various air rifles which i own etc since. I am thinking about re joining the club very soon with the ultimate aim of obtaining an FAC for .22 rimfire at some point one reason being so i don't have to borrow a gun everytime.

Regarding convictions i am now mid 40's self employed with a family, house and children and very regrettably the offences occurred in my late teens around 24 years ago which were several thefts from motor vehicles and vehicle parts etc which all happened over a period of about one year which i wish i could remove from the calendar. The last one landed me in youth custody for 18 mths of which 9 were served. Since then with the exception of a no vehice tax 17 years ago there is nothing.

One of the reasons i never applied for the fac when previously at the club was because i knew the chances would be very low with only a few years having passed from my stupid teenage antics although now much time has passed i am non the wiser as to what the chances would be and if there is no chance may not take the sport up again. Another thing i would be very embarrassed if they knew at the club about my past so would want to avoid that.

Very interested to know your thought and hear your advice,

regards

leigh

 

[Pedro]

Not impossible I'd say. I know they are willing to consider applications with convictions, but you will have to do a number of things to stand a chance. Firstly, be open and honest about your past transgressions, or it'll (at least) be a non starter. Secondly, you need to show that you really have put that behind you. To do that, you will need to be able to show evidence. Obviously the time since they happened counts and you can show you are now a responsible member of society. But some spot on referees who could speak very well of you would be good.

 

[Essex stalker]

Section 21 of the Firearms Act 1968 prohibits a person from possession of any type of firearm if you have been given a custodial sentence when convicted of a criminal offence.

• If you have received a custodial sentence (including a suspended sentence) of between 3 months and 3 years then you are prohibited for a period of 5 years from the date you are released.
• If you have received a custodial sentence of 3 years or more then you are prohibited for life, from the date of release.

 

[Woodsmoke]

You're no longer a prohibited person from the perspective of complying with the legal requirements. That being the case, as long as you fulfill all other requirements there should be no issue with you obtaining an FAC. Having said that, I'm pretty sure your FEO will want to have a pretty frank discussion with you, but as others have said the more honest and open you are, the better. People change over the years, and youthful transgressions (regardless of how big a dick you used to be ) shouldn't be held against you for the rest of your life. Best of luck with it, I'm sure you'll be fine

 

[Uncle Norm]

Folk would be surprised how many firearm certificate holders have convictions from their youth.

Whilst you must declare the convictions on your application, they are irrelevant now. The club would not be informed of such old and spent convictions.

Remember that the club will have a probationary period and you will not be able to use club membership as your 'good reason' for acquiring a firearm, until you have completed that period and been made a full member. So first job, join the club.

 

[JTO]

Everything is open to appeal.

 

[8x57]

Folk would be surprised how many firearm certificate holders have convictions from their youth.

Whilst you must declare the convictions on your application, they are irrelevant now. The club would not be informed of such old and spent convictions.

Remember that the club will have a probationary period and you will not be able to use club membership as your 'good reason' for acquiring a firearm, until you have completed that period and been made a full member. So first job, join the club.

Uncle Norm would you suggest that leigh 1974 contact his local firearms department first to get their view on the situation?

I'm thinking of the declaration that he has to make regarding joining the club and the possible awkward position it may put himself and the club in if he is eventually refused the grant of a FAC. (I appreciate that at present he is in all honesty making a declaration that he is not disqualified from possessing firearms and ammunition.)

 

[bowji john]

I would suggest you go ahead and apply to join the club

The Club has to run your application through the local plod anyway - so if they do not object to your joining the club I would imagine they will react similarly to your FAC application

 

[leigh1974]

Thanks for the quick replies, i think the first port of call then maybe to Email or ring my local FEO. Do you think an email would be best to start with followed up by a phone call as they will then already have most of the details when i speak to them in person. Not sure if anything has changed but when i applied to become a member at the club last time i only had to get two references and confirm that i was not currently under any prohibition, didn't mention about any spent history.

Thanks

 

[Uncle Norm]

Uncle Norm would you suggest that leigh 1974 contact his local firearms department first to get their view on the situation?

I'm thinking of the declaration that he has to make regarding joining the club and the possible awkward position it may put himself and the club in if he is eventually refused the grant of a FAC. (I appreciate that at present he is in all honesty making a declaration that he is not disqualified from possessing firearms and ammunition.)

Having a chat to test the water can do no harm. The rules on access to data are very strict and a sacking offence if breached, so I doubt that the firearms licensing unit would be able to do a full criminal records/police intelligence check until either an application be made or the club notifies the police of a new member application.

I expect that the best he could hope for is confirmation of what I advised at post #5. That would be encouraging at least.

 

[Monkey Spanker]

There certainly doesn't appear to be any legal reason why you should be denied a FAC.
You just need to work on the justification part and you should be fine.
Some people get caught out when advising on such matters as the restriction goes on the length of the originally imposed sentence, and NOT time actually served.
You should be fine either way though.
Good luck.
MS

 

[leigh1974]

Have emailed the fire arms dept and explained my situation so will report back when they respond, i am hoping they can at least give me a bit of an idea rather than just say i'd have to apply to find out. Am definitely looking to join the club anyway now as a result of the encouraging posts.

 

[Woodsmoke]

I know they are willing to consider applications with convictions

Indeed they are. On my first application I neglected to inform them as to a crime I had committed some years previously and completely forgotten about. My heinous act of criminal activity . . . . . I'd missed paying for my TV license 20 years or so ago and had it on my record as a criminal conviction. I kid you not. So, if a hardened lawbreaker like me can get an FAC, there's hope for you

 

[223]

from a legal stance there is no reason to grant a fac, just ensure a bullet proof GOOD REASON for the said weapon upon grant

i know of a current fac holder who was previously prohibited for life (sentenced for 3 or more years, got prohibition lifted in crown court), so i would say your case is fairly straight forward

 

[JTO]

i know of a current fac holder who was previously prohibited for life (sentenced for 3 or more years, got prohibition lifted in crown court), so i would say your case is fairly straight forward

And so do I know of a similar case. BASC found a barrister but it still cost the chap £2,000.

 

[riflerob]

I know someone who, when in his late teens / early 20s, was a bit of a lout. A conviction for ABH, and a 12 month suspended sentence, got him to straighten himself out.

Now, in his mid-30s, he's married, has his own business, 2 young children, and his FAC. An utterly sensible guy who I shoot with a few times a year.

His FAC took less time than my wife's SGC, and she's only ever had speeding tickets !

 

[leigh1974]

No reply yet...

 

[Sheamus]

Leigh1974 my advice to you is fill in your firearms application form not forgetting and including all your convictions and send it off.
They either give you a firearms certificate or they don't..
If they refuse you there is a appeal process which you can go through like someone has already stated. It can be an expensive route especially if you loose your civil case against the Police for the refusal of the Licence.
However if you do win your appeal you pay no costs but you will still have to pay your legal representation fees.
Another bit of advice to you and don't dismiss this JOIN BASC NOW.. They will help and advise you through out the process.
I`m familiar with your situation and the procedure that you`ll be going through.
If you feel I can assist or advise you any further don't hesitate to contact me via the message service.

 

[leigh1974]

Ok thanks, just sent for my police record so i can see a summary of whats there in one place and to use for the application and am putting things in motion regarding joining the club, sounds like a good idea to join BASC especially if they would be willing to give some advice during the process or in the event of a knock back although by the sounds of things it could still be costly if the initial application fails but hopefully it won't.

 

[User00003]

Leigh, whatever the outcome, just bear in mind our police is only trying to do its job,,..it may work out for you, and that’s great - but it may not, and if so, they only have the best interest of of peole
at heart. Don’t be angry or offended if it goes against you. Some people believe the police do everything to strip Firearms out of public hands, but I genuinely don’t believe that,.my experiences with police and firearms for the right reasons have been nothing but commendable.